IN THE CASE OF:	  

		BOARD DATE:	  14 November 2013


		DOCKET NUMBER:  AR20130005774 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be awarded the Purple Heart for wounds received in Vietnam.

2.  The applicant states, in effect, that he was wounded in Vietnam on 15 March 1971 and was never awarded the Purple Heart.  

3.  The applicant provides copies of his orders for award of the Bronze Star Medal (BSM) with ”V” Device and Army Commendation Medal (ARCOM) and a pathology report. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 6 September 1968 for a period of 3 years.  He completed his basic training and his advanced individual training before being transferred to Vietnam on 2 February 1969.

3.  The applicant was assigned as an infantryman with the 937th Engineer Group until 2 March 1970 when he was transferred to the 815th Engineer Battalion as an infantryman.  On 1 August 1970, he was transferred to the 20th Engineer Battalion as a squad leader of the security platoon.

4.  On 2 June 1971, General Orders Number 471 issued by the U.S. Army Engineer Command, Vietnam awarded the applicant the BSM with "V” Device for heroism on 15 March 1971.  The citation read, in part “Sustaining shrapnel wounds of the head and back, he continued to expose himself to enemy fire in order to return fire.”

5.  He participated in six campaigns and departed Vietnam on 12 April 1971.  He was transferred to Fort Lewis, Washington where he was honorably released from active duty on 13 April 1971.  He had served 2 years, 7 months, and 8 days of active service and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal with Device 1960, ARCOM (2nd Award), BSM, and Army Good Conduct Medal.  He also indicated in his separation physical that he still had shrapnel in his right leg.

6.  A review of his official records shows no indication of his being wounded (other than his separation physical) and his name is not contained on the Vietnam Casualty Listing.

7.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

8.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A silver service star is authorized in lieu of five bronze service stars.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant’s unit was cited for award of the Meritorious Unit Commendation (MUC) (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the Purple Heart for wounds received in action in Vietnam has been noted and appears to have merit.  The citation for his BSM with ”V” Device clearly indicates that he was wounded as a result of enemy action on 15 March 1971.  Additionally, the applicant noted on his separation physical that he had shrapnel in his right leg.

2.  Accordingly, there appears to be sufficient evidence to show that he qualifies for award of the Purple Heart.

3.  Therefore, he should be awarded the Purple Heart for wounds received on   15 March 1971 and it should be added to his DD Form 214.

4.  The applicant served in six campaigns in Vietnam and thus is entitled to wear one silver and one bronze service star on his already-awarded Vietnam Service Medal and to have them entered on his DD Form 214.

5.  Additionally, his unit in Vietnam was cited for award of the MUC (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and those awards should be added to his DD Form 214 at this time. 

6.  It is also noted that he was awarded the BSM with ”V” Device; however, it was recorded on his DD Form 214 as simply the BSM.  Accordingly, it should be corrected at this time.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Purple Heart for wounds received in Vietnam on 
	15 March 1971
* deleting the entries “VSM” and “BSM” from his DD Form 214
* adding the awards of the Purple Heart, VSM with one silver and one bronze service star, BSM with “V” Device, MUC (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20130005774





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ABCMR Record of Proceedings (cont)                                         AR20130005774



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